Law of the Costitution - Essay Example
ental principles of Britain’s unwritten Constitution, and the role of judges within the context of those principles by stating that the indivisibility of Parliamentary power requires that all exercise of Governmental power must be authorized by Parliament, since it is the source of all valid authority.1 As a result, the British power of judicial review by the Courts would not include the power to invalidate Acts of Parliament, rather the Courts may only use their powers to constrain any abuse of powers by the other arms of Government, such as the legislative and executive branches2.
This political and legal view is based upon the absolute and indivisible sovereignty of the British Parliament3. As stated by Dicey: (a) “Parliament has the right to make or unmake any law whateverâ€4 and (b) no person or body may be recognized as having the legal authority to set aside or invalidate the acts of Parliament, except Parliament itself.5 Thus, the indivisibility of Parliamentary power sets it out as the source of all valid authority.
